Event Waiver for Billerica Rotary 5K at The Marshall Middle School on Oct 18, 2015
By indicating your acceptance, you understand, agree, warrant and covenant as follows: Please read any waivers carefully. They include releases of liability and waiver of legal rights and deprive you of the ability to sue certain parties, Billerica Rotary Club, its directors, officers, employees, and agents and sponsors of the event. Do not agree to these documents unless you have read and understood it in its entirety. By agreeing electronically, you acknowledge that you have both read and understood all text presented to you as part of the registration process. In consideration of the acceptance by sponsors of my entry in this event, you hereby waive any liability the sponsors may have to me arising out of your participation in this race, furthermore, you have read the rules and regulations of the event and as a participant in this event you hereby agree to hold harmless Billerica Rotary Club and all sponsors of this race for any damages either physical, personal, or property which may occur from your participation in this event. You also understand and agree that events carry certain inherent dangers and risks which may or may not be readily foreseeable, including without limitation personal injury, property damage or death. You further warrant to the sponsors that to the best of your knowledge you are in proper physical condition to participate in this event. Your ability to participate in the event(s) is/are subject to your agreement to the waivers and by agreeing herein, you accept and agree to the terms of the waiver and release agreements. BILLERICA ROTARY RELEASE AND WAIVER OF LIABILITY / INDEMNITY AGREEMENT / PHOTO RELEASE IN CONSIDERATION of being permitted to utilize the facilities, services and programs of the BILLERICA ROTARY for any purpose, including but not limited to observation of use of facilities or equipment, or participation in any off-site program affiliated with the BILLERICA ROTARY, the undersigned, for himself or herself and any personal representatives, heirs, and next of kin, hereby acknowledges, agrees and represents that he or she has, or immediately upon entering or participating will, inspect and carefully consider such premises and facilities of the affiliated program. It is further warranted that such entry into the BILLERICA ROTARY for observation or use of any facilities, or equipment or participation in such affiliated program constitutes an acknowledgment that such premises and all facilities and equipment thereon and such affiliated program have been inspected and carefully considered and that the undersigned finds and accepts same as being safe and reasonably suited for the purpose of such observations, use or participation. IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER THE BILLERICA ROTARY FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO OBSERVATION OR USE OF FACILITIES OR EQUIPMENT, OR PARTICIPATION IN ANY OFF-SITE PROGRAM AFFILIATED WITH THE BILLERICA ROTARY. THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING: 1. THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the BILLERICA ROTARY, its directors, officers, employees, and agents (hereinafter referred to as Releases) from all liability to the undersigned, his personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefore on account of injury to the person or property or resulting in death of the undersigned, whether caused by the Negligence of the Releases or otherwise while the undersigned is in, upon, or about (the premises or any facilities or equipment therein or participating in any program affiliated with the BILLERICA ROTARY). 2. THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releases and each of them from any loss, liability, damage or cost they may incur due to the presence of the undersigned in, upon or about the BILLERICA ROTARY premises or in any way observing or using any facilities or equipment of (the BILLERICA ROTARY or participating in any program affiliated with the BILLERICA ROTARY whether caused by the negligence of the Releases or otherwise). 3. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to negligence of Release or otherwise while in, about or upon the premises of the BILLERICA ROTARY and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with the BILLERICA ROTARY. 4. The BILLERICA ROTARY does not condone staff privately providing services for members or program participants. Parents, the BILLERICA ROTARY is not responsible for staff who conduct outside employment, and hereby release the BILLERICA ROTARY from any liability for acts or omissions of any staff who provide services outside of BILLERICA ROTARY employment. 5. By signing this Agreement, I hereby give my permission for the BILLERICA ROTARY to take my photograph or a photograph of my child(ren) and use or publish this likeness for BILLERICA ROTARY purposes, and I release the BILLERICA ROTARY from any claims for such use. THE UNDERSIGNED further expressly agrees that the foregoing RELEASE AND WAIVER OF LIABILITY, INDEMNITY AGREEMENT, AND PHOTO RELEASE is intended to be as broad and inclusive as is permitted by-the law of the State of Massachusetts and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY, INDEMNITY AGREEMENT, AND PHOTO RELEASE, and further agrees that no oral representations, statements or inducement apart from the foregoing written agreement have been made. I have read the waiver. BY INDICATING YOUR ACCEPTANCE OF THIS AGREEEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.